[Ed Note: Cliff Arnebeck, the Ohio attorney representing the plaintiffs in the case discussed below, will be joining me Wednesday evening to talk about the case, when I sit in to Guest Host The Mike Malloy Show, which I'll be doing Wed-Fri this week, from 9p-Midnight ET (6p-9p PT) - BF]
A recent flurry of activity in the long-standing King Lincoln v. OH Sec. of State lawsuit concerning voting rights violations in the state during the 2004 election has resulted in the judge lifting the stay to allow depositions to be taken of key GOP tech-guru Mike Connell, and potentially others, such as Karl Rove.
A subpoena has now been served to Connell, who was recently described by the attorneys working on the case, as a 'high-IQ Forrest Gump...at the scene of every GOP crime.'
Federal District Court Judge Algenon Marbley's brief order [PDF], agreeing to lift the stay, was quietly issued on September 19th. It reads:
On motion of the plaintiffs and agreement of the defendant Secretary of State Jennifer Brunner, the stay in this matter is lifted for the sole purpose of permitting the plaintiffs to take the deposition of Michael Connell and any other witnesses whose testimony, in the judgment of these parties, may be warranted based upon the deposition of Michael Connell.
The BRAD BLOG had learned about the latest court action, which could soon entangle Rove as well, some time ago, but we were asked by parties involved in the case to embargo the information until such time as they were able to serve Connell with his subpoena...
On August 10, Karl Rove went on “Face The Nation” to argue that Senator Obama would make an “intensely political choice” for Vice President without regard for the “responsibilities of president.” At the time, Rove believed Obama would choose Tim Kaine, and argued against him by saying this:
With all due respect again to Governor Kaine, he’s been a governor for three years, he’s been able but undistinguished. I don’t think people could really name a big, important thing that he’s done. He was mayor of the 105th largest city in America. And again, with all due respect to Richmond, Virginia, it’s smaller than Chula Vista, California; Aurora, Colorado; Mesa or Gilbert, Arizona; north Las Vegas or Henderson, Nevada. It’s not a big town. So if he were to pick Governor Kaine, it would be an intensely political choice where he said, `You know what? I’m really not, first and foremost, concerned with, is this person capable of being president of the United States?
Rove argues that Kaine’s mayorship of Richmond (pop. 200,000+) is insignificant and that his 3 years as Governor of Virginia (pop. 7,712,091, GDP $383 million) has been “indistinguisahable.” If Rove was intellectually consistent, wouldn’t that mean Palin’s mayorship of Wasilla (pop. 8,000+) and 20 months as Alaska governor (pop. 683,478, GDP $44.5 million) makes her even less qualified than Kaine?
So, Karl, who made the “intensely political choice”?
We had the chance to interview former Alabama Gov. Don Siegelman inside the Pepsi Center on Wednesday, during the Democratic National Convention.
Our concise conversation ranges from the Congressional Democrats' failure to call for a full House vote on Contempt of Congress by Karl Rove, Siegelman's 2002 election which he believes was "stolen electronically," the corporate media's inability to investigate or report on it, and the concern about whether or not Democrats will be in a forgive and forget mode after this session of Congress if Obama is successful in his quest for the White House.
Here's our complete interview (appx. 6 mins)...
Some pull-quotes from the interview...
On Rove: "If we do not vote the contempt citation, Karl Rove is simply going to get in his getaway car and thumb his nose at the Constitution, Congress, and the American people. It creates almost two systems of justice: one for the powerful, those connected to the White House, and then another system for you and me and the rest of the people."
On Democrats: "Democrats are so magnanimous in victory, as they were after Watergate, they did nothing. After the Iran-Contra scandal, they did nothing. But what Democrats are going to want to do is get on with positive programs, to fix the damage that has been done by the Bush administration...But I view this as part of that positive change. Finding out who hijacked the Department of Justice and who used it as a political weapon."
On his 'stolen' 2002 election: "I went to bed the winner. The media had been sent home. The pollworkers had been sent home. The party chairmen had been given their copies of the election results. And then after midnight a light went on in the basement of the capitol, the basement of the courthouse, in the sheriff's office, and 5,200 votes that were mine were shifted to my opponent."
The complete text transcript of the interview follows in full below (thanks to Emily Levy of VelvetRevolution.us)...
In one of the smartest pieces we've ever seen on his show, tying so many of the Bush Administration's unprecedented crimes together in a single bound, Stephen Colbert offers an out for all them, in one fell swoop. His comments come on the heels of the remarkable statement, made by U.S. Attorney General Michael Mukasey to the American Bar Association in a speech this week, that "not...every violation of the law, is a crime."
Yes, that's what he actually said. Here's what Colbert said in reply last night...
UPDATE: If you have any problem viewing the above video, RAW STORY now has it up in a different video format, along with a few additional details, as well.
WASHINGTON (AP) — A House panel Wednesday voted to cite former top White House aide Karl Rove for contempt of Congress as its Senate counterpart publicly pursued possible punishments for an array of alleged past and present Bush administration misdeeds.
Voting along party lines, the House Judiciary Committee said that Rove had broke the law by failing to appear at a July 10 hearing on allegations of White House influence over the Justice Department, including whether Rove encouraged prosecutions against Democrats.
The committee decision is only a recommendation, and it was unclear whether Speaker Nancy Pelosi, D-Calif., would allow a final vote. Rove has denied any involvement with Justice decisions, and the White House has said Congress has no authority to compel testimony from current and former advisers.
...Rove has denied any involvement with Justice decisions, and the White House has said Congress has no authority to compel testimony from current and former advisers.
The White House's opinion that advisers cannot be compelled to testify does not address whether or not the witness is nonetheless required to appear in response to a subpoena. From Congress.
It remains to be seen whether Congressional Democrats will actually assert authority and re-establish parity as a co-equal branch of the federal government under the Constitution, or if this is just more sound and fury, signifying nothing.
Last February the full House voted to hold White House officials Josh Bolten and Harriet Miers in contempt of Congress. They have failed to enforce that vote, which passed 223 to 32, and AG Mukasey has said he would not enforce the House's contempt finding.
Last December, the Senate Judiciary Committee recommended finding Rove in contempt in a bi-partisan 12 to 7 vote, during which Republican Arlen Specter noted "we have no alternative," given Rove's snub of the subpoenas issued by the panel.
Despite the endorsement from even two Republicans on the committee, Democratic Senate majority leader Harry Reid has failed to bring the recommendation to the full Senate for a vote. Will Pelosi hold the House committee's endorsement (and the will of the American people, and the Rule of Law) in similar contempt?
UPDATE FROM BRAD: In addition to the Committee's finding of contempt, the resolution passed today also recommends an interesting additional course of action recommended for the House, as noted in the Resolution's markup memo [WORD] that we received from the House Judiciary this morning...
Ohio Attorney Cliff Arnebeck, who notified Attorney General Mukasey yesterday about threats made by Karl Rove against the GOP's high-tech guru, Mike Connell, as we reported last night, will join Peter B. Collins and me during my weekly Friday 5pm PT appearance on PBC's syndicated radio show.
You'll be able to listen online at www.PeterBCollins.com if his show is not aired in your town. And you may call in with questions and comments for Arnebeck or myself at 888-5-PeterB (or post them here, and I'll try to ask them). Hope you'll tune in!
POST-SHOW UPDATE: Arnebeck joined us for the first half-hour of the show and dropped a few interesting details during our discussion. Among them: 1) Bush can't pardon someone convicted under a civil RICO case, which is what Arnebeck is compiling. (Also, can't remember if it came up during the interview, but as some have suggested that Rove simply invoke Executive Privilege to avoid being deposed in this case, Exec Privilege does not come into play in such a case. It only refers to Congressional testimony.) 2) Connell had agreed to meet with the House Judiciary Comm. several months ago, but so far Judiciary hasn't followed up. 3) Arnebeck makes a tantalizing reference to the finding in the Paula Jones case that sitting Presidents may be deposed in civil cases. More detail on those points and others in the audio interview. Download MP3 or listen online here...
Karl Rove has threatened a GOP high-tech guru and his wife, if he does not "'take the fall' for election fraud in Ohio," according to a letter sent this morning to Attorney General Michael Mukasey, by Ohio election attorney Cliff Arnebeck.
The email, posted in full below, details threats against Mike Connell of the Republican firm New Media Communications, which describes itself on its website as "a powerhouse in the field of Republican website development and Internet services" and having "played a strategic role in helping the GOP expand its technological supremacy."
Connell was described in a recent interview with the plaintiff's attorneys in Ohio as a "high IQ Forrest Gump" for his appearance "at the scene of every [GOP] crime" from Florida 2000 to Ohio 2004 to the RNC email system to the installation of the currently-used Congressional computer network firewall.
Connell and his firm are currently employed by the John McCain campaign, as well as the RNC and other Republican and so-called "faith-based" organizations.
In a phone call this afternoon, Arnebeck could not publicly reveal specific details of the information that triggered his concern about the threats to Connell. The message to the IT man from Rove is said to have been sent via a go-between in Ohio. That information led Arnebeck to contact Mukasey after he found the reports to be credible and troubling.
"If there's a credible threat, which I regard this to be," he told The BRAD BLOG, "I have a professional duty to report it."
Attempts to reach Connell for comment late this afternoon were not successful.
The motion was made following the discovery of new information, including details from a Republican data security expert, leading Arnebeck towards seeking depositions of Rove, Connell, and other GOP operatives believed to have participated in the gaming of election results in 2004. A letter [PDF] was sent to Mukasey at the same time last week, asking him to retain email and other documents from Rove...
'Whether He's Pulling the Gun or Not...He's the Guy Who Made the Gun,' Allege Buckeye Lawyers About Man Said to Have Been Behind Florida 2000, Ohio 2004, RNC Emails, Congressional Computer Networks, & More...
Last week Ohio Attorney Cliff Arnebeck held a press conference in Columbus to announce his motion to lift the stay on the long-running King Lincoln Bronzeville v. Blackwell lawsuit in which massive improprieties, irregularities, and violations of the Voting Rights Act are alleged to have taken place in the 2004 Presidential Election in Ohio.
In the wake of the failure by the Buckeye State's Attorney General to properly investigate the allegations, and new evidence and testimony unearthed by Arnebeck and other private investigators, he is now asking that the stay on the lawsuit be lifted by the court in order to refocus the case and depose Karl Rove, and a number of other top GOP operatives believed to be involved in manipulating the results of the '04 election.
One of those operatives is Republican tech-guru Mike Connell.
Steve Heller covered last week's press conference for us, which featured comments from data security expert Stephen Spoonamore alleging fraud in the '04 election and Arnebeck's assertion that he believes "Rove will be identified as having engaged in a corrupt, ongoing pattern of corrupt activities specifically affecting the situation here in Ohio."
After last week's presser, Velvet Revolution's Brett Kimberlin sat down to follow up with Arnebeck and attorney/investigative journalist Bob Fitrakis, who participated in both the original '04 election lawsuits and has reported in detail on the related matters continuously since then at the Columbus Free Press.
In the video-taped interview, posted at right (appx. 10 mins), the two attorneys focus specifically on their concerns about GOP operative/IT specialist Connell, who, they allege, has been found to have been "at the scene of the crime" for numerous questionable elections since 2000. Connell's firm was also responsible for creating the RNC email systems used by Karl Rove and others. He is also said to have installed the existing Congressional computer networks for high-security House and Senate committees such as Judiciary and Intelligence.
The complete text transcript of the interview follows below...
Transcript of the 7/17/2008 VelvetRevolution.us Interview
with Cliff Arnebeck and Bob Fitrakis
VELVET REVOLUTION: Cliff and Bob you just had a press conference, talking about the next steps you are going to take in litigation. It looks like you're looking for discovery to understand the facts behind what happened in 2004 and make sure this doesn't happen in 2008. Can you give us an idea of the kinds of people or the names of people that you intend to target?
CLIFF ARNEBECK: At the very top of the list is probably Mike Connell. For the same reason that Spoonamore is so valuable to us as a witness, Connell has a breadth of perspective in this stuff and when Connell, with his politics and his position, identifies Triad and the Rapp family as an area, as a point of vulnerability - Well, we're saying, if Connell makes the same observation --which we think he will because if you look at this objectively, it makes no sense. Here's a guy, he's a mathematician or an engineer or whatever; we anticipate he is going to say "Yeah, that looks odd."
So Connell's an important witness and because we're talking about a conspiracy, one of the problems is you say 'where's the coordination, where's the communication?' --- Here's one individual who's been part of all the elements of the things that we think are problematic.
BOB FITRAKIS: He's a high IQ Forrest Gump. It's like everything important --- 2000 election Florida; 2004 Ohio; firewall in Congress --- he happens to show up and be the builder of these [im]penetrable forces and also may know who has the key to get in.
VR: So he's at the scene of the crime... whether he's pulling the gun or not.
FITRAKIS: Every single crime --- Well even more than that. He's the guy who made the gun.
At a press conference this morning in Columbus, Ohio, Cliff Arnebeck, lead attorney for the plaintiffs in the case of King Lincoln Bronzeville v. Blackwell, announced that he is filing a motion to "lift the stay in the case [and] proceed with targeted discovery in order to help protect the integrity of the 2008 election."
Courtesy of our colleagues at Velvet Revolution, you can watch the entire press conference here, and an interview with Cliff Arnebeck and Bob Fitrakis is here.
Arnebeck will also "be providing copies of document hold notices to the U.S. Chamber Institute for Legal Reform and the U.S. Justice Department for Karl Rove emails from the White House."
See PDFs of the hold letter to AG Mukasey here, the hold letter to the U.S. Chamber here, and the motion to lift the stay here.
This case has the potential to put some of the most powerful people in the country in jail, according to Arnebeck, as he was joined by a well-respected, life-long Republican computer security expert who charged that the red flags seen during Ohio's 2004 Presidential Election would have been cause for "a fraud investigation in a bank, but it doesn't when it comes to our vote."
"This entire system is being programmed in secret by programmers who have no oversight by anybody," the expert charged, as Arnebeck detailed allegations of complicity by a number of powerful GOP operatives and companies who had unique access both to the election results as reported in 2004, as well as to U.S. House and Senate computer networks even today.
The presser was attended by some of the corporate-controlled media, including the head of the Ohio AP bureau, the Columbus Dispatch, and IndyMedia. Listening in by phone were ABC News, our friends from RAW STORY, and I, your humble blogger. I recorded the presser, so I have no links for the quotes in this post, but I transcribed them word-for-word and can vouch for their accuracy.
One of the more delightful and interesting quotes comes from Arnebeck, concerning what he expects to discover as the stay is lifted: "[W]e anticipate Mr. Rove will be identified as having engaged in a corrupt, ongoing pattern of corrupt activities specifically affecting the situation here in Ohio."
The torment and imprisonment of former Alabama governor Don Siegelman, allegedly via the hands of Karl Rove and his political hitmen operatives, has been extensively covered by The BRAD BLOG.
Over the weekend, Velvet Revolution.us (co-founded by The BRAD BLOG) sat down with him for an exclusive video-taped interview in Alabama. The entire interview will be posted soon, but we have posted two excerpts on YouTube. Both are embedded below.
Siegelman wants you to let Congress know that Rove must face the consequences of his actions. So do we.
Rove has been subpoenaed to testify before Congress tomorrow, July 10th, regarding the politicization of the Justice Department. The House Judiciary Committee wants to question Rove about his knowledge of the persecutionprosecution of former Alabama Democratic Gov. Don Siegelman and the U.S. Attorney firing scandal.
But Rove's attorney, Robert Luskin, has informed the Judiciary Committee that Rove will not attend the hearing.
Luskin has offered to make Rove available to the committee behind closed doors and not under oath. Luskin also insists that there be no transcript of the questioning and that Rove would not respond to written questions from the panel.
The Judiciary Committee has rejected that so-called "compromise."
We join Siegelman's request, as stated in his interview, in asking you to please contact the House Judiciary Committee and your House Representative to politely but firmly insist that they hold Karl Rove in contempt of Congress.
You can call the House Judiciary Committee at 202-225-3951 and you can email them via this page.
You can call your House Rep. at 202-224-3121. More contact info for your specific Representative can be found here.
As Siegelman notes about Rove during the VR interview, in the first posted excerpt (seen at right)...
This is a guy who has told Congress that he will not show up under subpoena unless he is not sworn to tell the truth, unless he has the questions in advance, and unless he is assured that nobody is writing down his answers. Now does that sound like somebody who's prepared to tell the truth?
We won't know the truth until Congress digs it out, and that's why it is so incredibly important that anybody that reads your blog or listens to it or watches it gets on the phone, gets on their computer, or writes Congress and tells them to hold Karl Rove in contempt if he does not show up to testify on July 10th.
[H]e needs to be held in contempt, needs to be arrested, needs to be brought in and made to sit before Congress and answer questions.
In the second excerpt (video at right, below), Siegelman goes on to point out that only Congress currently holds the power to reveal the truth about what went on in this sordid affair...
Is the photo at left beginning to seem less and less absurd?
Looks like we're headed for an interesting game of chicken next month in the House Judiciary Committee surrounding Rove's subpoena to appear before it to answer questions in the Don Siegelman affair (and perhaps others) on July 10. RAW has the story worth putting on your radar, with no less than two House Judiciary members hinting that they may be willing to take extra steps (e.g., use of "inherent contempt" to have Rove arrested by the House Sergeant at Arms if need be) should he refuse to testify.
If Rove refuses to appear, says Rep. Wasserman-Schultz, "then we have to take the next step." And Rep. Sanchez notes, "We really need to set our foot down and show there are consequences to people who laugh in the face of Congressional subpoenas."
Tea leaves sure, but interesting ones, worth watching. The point is also made that the Committee may continue with this particular investigation, even as a new President takes office. Would be a whole different ballgame under those conditions. Presuming that new President isn't McCain, in any case. Hmmm...
Chairman Henry Waxman (D-Calif.) and the House Oversight and Government Reform Committee have subpoenaed notes of an FBI interview with George Bush and Dick Cheney in the Oval Office on June 24, 2004, about their role in the unmasking of a CIA anti-WMD program administered by Valerie Plame:
The subpoena follows a June 3 letter from committee chairman Rep. Henry Waxman to Attorney General Mukasey, asking for the documents and a June 11 response from Principal Deputy Assistant Attorney General Keith B. Nelson [who declined the request due to "separation of powers" issues.
Waxman requested the transcripts of the FBI interviews earlier this month, after publication of Scott McClellan’s tell all memoir revealing Bush administration deception. A transcript of Cheney’s interview would be of particular interest because his former aide, I. Lewis “Scooter” Libby, was the only official convicted of a crime in relation to the Plame probe.
Libby told the FBI that it was “possible” Cheney instructed him to leak Plame’s name, Waxman wrote in his initial letter to Attorney General Michael Mukasey.
The question appears to be, if Bush and Cheney lied to McClellan, did they also lie to the FBI that June morning. Lying to the FBI is illegal, even if the subjects are not under oath.
Scott McClellan has previously said he'd be "happy" to testify before the U.S. House Judiciary Committee. Looks like he's about to get his chance. On June 20th. Unlike Karl Rove, who said he'd similarly be happy to tell his story (on the Siegelman affair) to Congress, we suspect McClellan will actually keep his word.
This just in from Conyers' office...
For Immediate Release: June 9, 2008
Conyers Invites McClellan to Testify June 20th
(Washington, DC)- Today, House Judiciary Committee Chairman John Conyers, Jr. (D-MI) invited former White House Press Secretary Scott McClellan to testify before the Committee at a June 20th hearing about reported efforts to cover up the role of the White House in the Valerie Plame leak as described in his recent book, What Happened: Inside the Bush White House and Washington's Culture of Deception.
I have extended an invitation to Mr. McClellan to testify before the Judiciary Committee after discussions between Committee staff and his attorneys, said Conyers. In his book, Mr. McClellan suggests that senior WhiteHouse officials may have obstructed justice and engaged in a cover-up regarding the Valerie Plame leak. This alleged activity could well extend beyond the scope of the offenses for which Scooter Libby has been convicted and deserves further attention. A copy of Chairman Conyers' letter is attached.
The letter referred to above is just a single paragraph invitation, and largely restates the above.
O'Reilly uses every bully-boy, tough-guy, strong-arm tactic in his thuggish satchel. McClellan didn't blink. To his credit, he's standing by his book. All. of. it. In fact, the deer-in-the-headlights glaze he had for years at the WH press podium seems now to be entirely gone. We're impressed.
Here's O'Reilly's complete, three-segment, testosterone-amped, failed attempt to take down McClellan on tonight's O'Reilly Factor...
BTW, some on the supposedly-Progressive side --- such as the folks at MoveOn and other friends of ours --- have condemned McClellan for not speaking up sooner and for "profiting from lying to the public" during his time at the White House. While we understand that general impulse, we think the knee-jerk reaction may be a mistake. McClellan himself said last Sunday on Meet The Press that he hopes others will step forward to do as he did. So do we.
He's taken a huge hit from "his own" side by coming out as he has in a rather extraordinary and unprecedented way. His realizations, late in coming or otherwise, seem to be quite legit, heartfelt and rather courageous. It seems to us we should be more interested in making those who might do the same feel safe to do so, rather than kick them from all sides. Just our .02.